On February 22, 2016, the First Circuit issued its decision in Schwann v. Fedex Ground Package System, Inc. This decision clarified the extent to which the Massachusetts Independent Contractor statute, G.L. c. 149 § 148B (“§ 148B”), as applied to motor carriers, is preempted by the Federal Aviation Administration Authorization Act of 1994, 49
first circuit
Joining Second Circuit, First Circuit Rejects Highly Compensated Workers’ Challenge to Salary Basis Test
By Noel P. Tripp on
Posted in Exemptions
The “highly compensated” regulation is designed to relax the exempt status tests for the white collar exemptions for individuals who make more than $100,000 per year in total compensation. 29 C.F.R. § 541.601(a). Nevertheless, challenges to exempt classification of such workers can arise, with the employee claiming he or she still was non-exempt based on…
Supreme Court Declines Skycaps’ Appeal of Tip Claim Preemption Ruling
By Noel P. Tripp on
Posted in Tips and Tipped Employees
Presumably ending the long-running litigation regarding whether certain Massachusetts skycaps’ common law claims challenging the imposition of a $2 curbside baggage handling fee that allegedly caused a reduction in tips are preempted, the U.S. Supreme Court has declined to hear an appeal of the First Circuit’s 2013 decision finding those claims preempted by the Airline…
Maine Judge Agrees with Colleague: No Individual Liability Under Maine Wage-and-Hour Law
By Noel P. Tripp on
While the definition of employer under the FLSA is broad, as the Court of Appeals for the First Circuit (encompassing Maine among other states) has noted, state law is not always consistent, as highlighted by a new federal court decision from Maine. Saunders v. Getchell Agency, 2014 U.S. Dist. LEXIS 16728 (D. Me. Feb.…
Starbucks Tip Jar Wars Rage On: First Circuit Excludes Shift Supervisors From Massachusetts Tip Jars
By Noel P. Tripp on
Posted in Massachusetts, Tips and Tipped Employees
The Court of Appeals for the First Circuit has ruled that under Massachusetts’ unique tip statute, shift supervisors cannot participate in the tip jar-based tip pool in Massachusetts locations. Matamoros v. Starbucks Corp., 2012 U.S. App. LEXIS 23185 (1st Cir. Nov. 9, 2012). Several years ago, a California Appeal Court ruled just the opposite…
First Circuit Rules Banquet Sales Managers Exercised Discretion and Independent Judgment, Qualify for Administrative Exemption
By Noel P. Tripp on
Posted in Exemptions
We have repeatedly addressed the FLSA administrative exemption’s requirement that an employee exercise discretion and independent judgment, a concept which has confounded some courts and at times, led to inconsistent rulings. In a new decision, the Court of Appeals for the First Circuit (encompassing Rhode Island, Massachusetts, New Hampshire and Maine) has ruled that sales…